集團(tuán)訴訟在中國(guó)證券侵權(quán)民事訴訟中的適用性研究.pdf

1、對(duì)外經(jīng)濟(jì)貿(mào)易大學(xué)碩士學(xué)位論文集團(tuán)訴訟在中國(guó)證券侵權(quán)民事訴訟中的適用性研究姓名：彭韡莢申請(qǐng)學(xué)位級(jí)別：碩士專(zhuān)業(yè)：國(guó)際法學(xué)指導(dǎo)教師：丁丁20080401IIAbstract “The Questions Concerning the Acceptance of Civil Tort Dispute Cases Arising from False Representation in the Securities Market Circular

2、” and “Several Regulations Concerning Trying Civil Compensation Cases Arising from False Representation in the Securities Market” promulgated by the Supreme People’s Court has expressly excluded the application of both c

3、lass action and representative action with undetermined number of participants in the security civil torts procedure of China. The aforesaid judicial interpretations have triggered lots of arguments on the mode of securi

4、ty civil torts procedure of China. Among the voices against bringing security class action into China, one of the most important reasons is that the Civil Procedure Law of the People s Republic of China has not provided

5、necessary legal basis for the application of class action in China. However, relevant issues were not involved in the amendment of the Civil Procedure Law in the year 2007, which shows that there are still deeper-level r

6、easons hidden behind the Supreme People’s Court’s refusal to adopt class action in the security civil torts procedure. Based on introduction of the present modes of security civil torts procedure of China and the cla

7、ss action system, making use of the research tools of law and economics, this thesis firstly analyzes whether it is more efficient to adopt class action than to adopt other modes of litigation from both macro and micro p

8、erspectives by cost-benefit analysis, and comes to a positive conclusion. Secondly, using empirical research methods of sociology of law and the research tools of comparative law, taking sociology of law as point of vi

9、ew，this thesis further studies the Chinese social context’s affect on the applicability of class action system in the security civil torts procedure of China from aspects of investor protection, stock structure, level of

10、 economic development, legal tradition and political factors etc. On the basis of the research above, reflecting the inherent defects of economic analysis and considering the particular context of China’s securities mar

11、ket, social culture and political and legal system, commencing from the necessity and possibility of bringing class action into the security civil torts procedure of China and aiming at the overall situation，the author d